Tuggle v. Oklahoma Department of Corrections et al

Filing 12

ORDER denying 7 Motion to Dismiss; granting in part and denying in part 10 Motion to Dismiss; adopting Report and Recommendations re 11 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 8/13/2018. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GENE TUGGLE,
Plaintiff,
v.
OKLAHOMA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. CIV-18-406-D

ORDER
Plaintiff, a state prisoner appearing pro se, initiated this civil rights action under 42
U.S.C. § 1983 in state court. Defendants removed the matter to this Court on April 26,
2018. [Doc. No. 1]. Pursuant to 28 U.S.C. § 636(b)(1)(B), the matter was referred to
United States Magistrate Judge Gary M. Purcell for initial proceedings.
On July 17, 2018, Judge Purcell filed a Report and Recommendation (“Report”)
[Doc. No. 11], in which he recommended that the Court grant in part and deny in part
Plaintiff’s Motion to Dismiss.
Judge Purcell advised Plaintiff of his right to object and directed that any objection
be filed on or before August 6, 2018. Judge Purcell further advised Plaintiff that any failure
to object would result in a waiver of the right to appellate review. The deadline for filing
objections has passed. To date, Plaintiff has not filed objections and has not sought an
extension of time in which to do so.
Accordingly, Judge Purcell’s Report and Recommendation [Doc. No. 11] is
ADOPTED as though fully set forth herein. Plaintiff’s Motion to Dismiss [Doc. No. 10]

is GRANTED in part and DENIED in part. Specifically, Plaintiff’s motion is granted to
the extent he requests dismissal of this action, but his request for the return of fees and
costs is denied. Defendants Andrew Ormand and Tracy Ellis’ Motion to Dismiss [Doc.
No. 7] is rendered MOOT.
IT IS SO ORDERED this 13th day of August 2018.

2